Texas Rules of Disciplinary Procedure Back to Outline
(Tex. R. Disciplinary P., reprinted in Tex. Govt Code Ann,. tit. 2, subtit. G app. (Vernon Supp. 1995)
XIV INTERIM SUSPENSION 14.01 Irreparable Harm to Clients
Should the Chief Disciplinary Counsel reasonably believe based upon investigation of a Complaint that an attorney poses a substantial threat of irreparable harm to clients or prospective clients and be authorized or directed to do so by the Commission, the Chief Disciplinary Counsel shall seek the immediate interim suspension of the attorney. The Commission shall file a petition with a district court of proper venue alleging substantial threat of irreparable harm, and the district court shall, if the petition alleges facts that meet the evidentiary standard in Rule 14.02, set a hearing within ten days. If the Commission, at the hearing, meets the evidentiary standard and burden of proof as established in Rule 14.02, the court shall enter an order without requiring bond, immediately suspending the attorney pending the final disposition of the Disciplinary Proceedings or the Disciplinary Action based on the conduct causing the harm. The matter shall thereafter proceed in the district court as in matters involving temporary injunctions under the Texas Rules of Civil Procedure. If a temporary injunction is entered, the court may appoint a custodian under Part XIII. If, at the conclusion of all Disciplinary Proceedings and Disciplinary Actions, the Respondent is not found to have committed Professional Misconduct, the immediate interim suspension may not be deemed a “Sanction” for purposes of insurance applications or any other purpose.
Bluebook Citation
Texas Rules of Disciplinary Procedure. § 14.01, (Texas Center for Legal Ethics, 2024) from https://legalethicstexas.com/resources/rules/texas-rules-of-disciplinary-procedure/irreparable-harm-to-clients/ (last visited Nov 30, 2024)